Terms and Conditions
These terms and conditions contain all information on how to enter this competition as well as the guidelines for awarding prizes to the selected winners. We are the sponsor of this competition or contest, and we strongly advise you to read these terms and conditions before participating or enrolling in it. All Participants or Entrants in this competition are deemed to agree with these terms and conditions, which form a binding agreement between us. Participants or Entrants are also referred to as “You” or “Your” in these Terms and Conditions (the “Terms”).
We will do our best to keep you up to date on the latest competition news, but these terms and conditions are always subject to change, amendment, revision, or substitution in our sole discretion, with or without prior notification to any participants or entrants.
If you do not agree with our rules or Terms and Conditions and nevertheless participate in this competition, we will not be legally obligated to hear your complain. Hence, before participating, you must read, understand, and agree to the Terms.
Terms and Conditions or Rules:
This competition shall be governed by the following rules or regulations:
1. The competition is open to any living, natural person who is 21 years of age or older, with the exception of personnel (and their immediate family members) of the promoter, its agents, or anyone else involved in the administration of this competition.
2. We or the sponsor of this Competition reserve the right to cancel, suspend, or change the rules, terms, and conditions of this competition at any time and without advance notice or explanation.
3. In the case of a dispute pertaining to this competition (whether between a sponsor and a participant or between different participants), our decision shall be final, and no correspondence or discussion with a participant shall be entered into.
4. The sponsor or administrator of this competition will not be in any way responsible for any loss caused to you, due to the physical conditions that you have or that may arise from participant or who the participant gives the gift to. Participants are participating in this competition, at their own discretion, risk and behalf.
5. The competition (including its Promoter or organizer) hereby acknowledges and announces that, FACEBOOK (and any other social media outlet) IS IN NOT IN ANY WAY PROMOTING THIS COMPETITION NOR SHALL HOLD RESPONSIBLE FOR THIS CONTEST.
This contest is not endorsed, sponsored or administered by Facebook or Instagram nor is Facebook or Instagram associated with this contest. Promoter, winner, and entrants agree to hold Facebook and/or Instagram harmless and free from any liability in the case of any discrepancy or damage that may arise.
6. It’s important to note that the “No Purchase Necessary” rule, generally applies to this competition and no purchase is necessary in order to win and compete.
7. Entrants hereby understand and acknowledge that making a purchase from any source does not increase your chances of winning.
8. Competition is void for entrants, where it is prohibited.
9. The Competition will start at 6:00 a.m. CST on Friday, March 11, 2022, and will end at 11:59 p.m. CST on Sunday, March 20, 2022. (Known as promotional period). No entries submitted after this time will be accepted, and the duration of the promotion may be extended or reduced at the organizer's discretion.
10. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age, and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process.
Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
11. Incomplete, indecipherable or ineligible entries will be deemed invalid and disqualified accordingly.
12. Multiple entries are not permitted and if any found, may be treated as disqualified for the promotion.
13. Winners will be announced on the accounts of “The Cake Whisperer Club, Baskets and Gifts and/or Goody Gourmet” and through the email which you provided as a “Form of Contact”.
14. There will be three winners, each of whom will receive one Amazon Gift Card (the “Gift or Prize”) valued $25.00 USD, transferrable only with the explicit permission of the sponsor.
Participants may be required to provide, but are not limited to, the following information or details in order to participate in this competition.
a. Required information or details from participant or entrant.
• first name,
• last name,
• marital status,
• Email address,
• Date of Birth for entry and/or
• Any information or details deemed to be necessary.
b. By entering this competition, the participant agrees to the following:
• The provided email address belongs to the entrant and was verified by the entrant;
• Participant’s entry does not infringe on the rights of any other person.
• Entry of Participant does not imply entering anybody else’s email, which infringes on anyone’s rights or is vulgar, offensive, discriminatory, indecent, or otherwise undesirable or improper. Without limitation, entrants must not submit (or contain a link to) any content that constitutes malice, cursing, or that may be libelous or in contempt of court.
• Unless the entrant is permitted to do so, the entry does not include (or link to) any literary, dramatic, musical, or creative work, any audio-visual or sound recording, or any other material in which copyright exists (Copyright Content). If an entrant is unsure whether they have the right to include (or link to) any Copyright Content in their Entry, they must not do so. The entrant certifies that they are allowed to include any Copyright Content in their Entry; and
• There are no viruses or other computer code or material included in the entry that might harm the Promoter’s website, Facebook page, this competition, or any network or third-party computer systems.
c. Making a decision or judging:
• This is a skill-based competition; chance plays no role in deciding the winners. The winners will be chosen at random.
• Each Entry Period’s evaluation will take held at/near the end of the period.
• Entries/entrants will be eligible for the prize only during the Entry Period for which they are posted and entered, as mentioned before.
• The Promoter’s (if any) decision will be final, and no correspondence will be entered into.
• Winners will be posted on the accounts or Facebook pages of “The Cake Whisperer Club, Baskets & Gifts, and/or Goody Gourmet.” The winner will also get a private message from “The Cake Whisperer Club, Baskets and Gifts, and/or Goody Gourmet,” as well as a few instructions on how to confirm receipt of their prize. If a winner does not accept their prize within 14 days after receiving the private message, the prize will be forfeited, and the Promoter may give the prize to the next most original and creative Entry in its discretion. Within 7 days of receiving notified through Facebook private message, the new winner must confirm acceptance of the prize.
d. Winners, Prizes or Rwards:
• There will be three winners, who will be chosen in no proper pattern or order.
• Winners will be chosen for prizes randomly.
• All prize winning decisions shall be final.
• Winners shall not be eligible to switch prizes.
• Winners may feel free to enjoy the prizes on their own or give them to whom they see fit.
• As mentioned above, winners or those who receive or partake of the prize will hold “The Cake Whisperer Club, Baskets & Gifts, and/or Goody Gourmet,” Facebook, and Instagram harmless from any issues, sickness, allergens, or such like that may arise from consuming said products.
• “The Cake Whisperer Club, Baskets & Gifts, and/or Goody Gourmet” are holding this contest in good faith as to the integrity of the prizes.
• The Prize winner must be over the age of 21. Otherwise, the winner will be declared ineligible.
• Each winner and their companions will be responsible for receiving prior their prize, any medical knowledge and/or vaccinations before consuming the prizes.
• The Promoter hereby assumes and announces no responsibility; for the winner and any of his/her companions for their mental or physical condition necessary to be able to safely participate in the Grand Prize. The winner and their companionship assume and admit all responsibilities for their mental and physical condition(s).
• If any prize (or part of any prize) found unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification thereof.
• Prize(s) are non transferable, non-refundable, nor exchangeable and cannot be exchanged for cash or other goods or services unless agreed by the promoter.
• If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, or any other reasonable events/causes occurred like this, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law;
(a) To disqualify any entrant; or
(b) To modify, suspend, terminate or cancel the promotion, as appropriate.
• The Promoter may (but is not obliged to) at any time reject or disqualify or invalidate any Entry that it deems/considers (in its sole judgment) infringes these terms and conditions. The Promoter will have no liability to entrants in that regard of any rejection, disqualification or invalidation. If this occurs in respect of a winning Entry, the Promoter reserves the right to award the prize to the next best most original and creative Entry.
• Any cost associated with accessing Instagram and Facebook will be the own responsibility of entrant and is dependent on the Internet service provider used for the said purpose.
• Entrants hereby give consent to the Promoter, for using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
• The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
• Except as otherwise provided by any law, the Promoter: Is not responsible for any problems or technical malfunction of any computer equipment, software, technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in this Promotion. The promoter also accepts no responsibility for any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilized in connection with this Promotion, or by any technical error that may occur in the course of this Promotion; and accepts no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access.
• As the fullest extent permitted by law and without limiting any other conditions of entry, the Promoter may, in its discretion, terminate, modify or suspend this promotion. All entrants participating in this promotion at the point of termination, modification or suspension of the promotion will be notified by a post on the Promoter’s Facebook page. In the event of modification or suspension of the promotion, the entrant may choose to terminate their participation in the promotion at no cost.
• Except for any liability that cannot be excluded by law, the Promoter (including their officers, employees, and agents) excludes all liability (including negligence), and also shall not be hold responsible for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion, including, but not limited to, where arising out of the following:
(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
(b) Any theft, unauthorized access or third party interference;
(c) Any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
(d) Any variation in prize value to that stated in these Terms and Conditions;
(e) Any tax liability incurred by a winner, winner’s chosen companion or entrant; or attendance at the Grand Prize.
(f) The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought if desired.
(g) The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages. Entrants should direct any request to opt-out, access, update or correct information to the Promoter.
(h) When entering this Promotion, you agree to release Facebook and Instagram from all liability and claims arising out of or in connection with the Promotion or these terms and conditions. You acknowledge and agree that your Entry must be in accordance with Facebook’s and Instagram’s Terms of Use and can be removed at any time by the Promoter or otherwise in accordance with Instagram’s Terms of Use.
(i) The Promotion is in no way sponsored, endorsed, administered by, or associated with Instagram or Facebook. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter. When entering the Promotion, you are providing your information to the Promoter and not to Facebook or Instagram.
Applicable Laws and Jurisdiction:
The laws of the US will be application for all disputes related to this promotion to the exclusion of any other law. An entrant hereby submits his/her consent for Exclusive Jurisdiction of the Courts of the US.
Last Updated on: 10 March, 2022
